Mintz v. Frazier

While I sympathize with the majority’s reluctance to grant summary judgment in a negligence action, I do not believe that the courts should be in the business of refereeing routine dogfights.

Any allegation of negligence which may possibly be contained in the plaintiffs pro se complaint must be inferred from the following language: “Defendant did not have voice control, or leash on dog and dog was not on her property. Plaintiffs dog was being walked on leash. This is third attack by this dog.” In response, the defendant asserted in her affidavit that this was only the second fight between the…